Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32681 of 2026 Arising Out of PS. Case No.-333 Year-2025 Thana- BHARGAMA District- Araria ====================================================== Dilkhush Kumar S/o Ramanand Das R/o Village- Kusmaul, Ward No.- 10, P.S.- Bhargama, District - Araria, State- Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Bhargama P.S. Case No. 333 of 2025, lodged on 04.10.2025, under Sections 137(2), 96 and 3(5) of Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner against whom allegation of kidnapping is there.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.32681 of 2026(2) dt.13-05-2026 2/3 submits that in the rejection order it has been observed by the Sessions Court that in statement under Section 183 of the BNSS, the victim has categorically stated that no force has been used against her by the petitioner. Counsel submits that the criminal antecedent of the petitioner is clean. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, this Court is of the opinion that ingredient of offence is not available against the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned J.M 1st, Araria in connection with Bhargama P.S. Case No. 333 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. And further condition that the Trial Court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his

Patna High Court CR. MISC. No.32681 of 2026(2) dt.13-05-2026 3/3 criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.

(Dr. Anshuman, J) Mkr./- U T